3.03.2006

I wish this wasn't the case...

Chris Dugan's prediction that abortion will proceed to a post-labor option has taken a drastic step forward.

In this article, the Ohio Supreme Court has allowed for people to sue for "wrongful birth." Basically, this couple had a genetic screening done on their unborn child. When the doctor told them there were no birth defects present, they had the kid. Their child Matthew ended up with a disease(Trisomy 22) that keeps it from being able to crawl or talk. The child is alive, and 8yrs old now. The parents are suing because they would have aborted the child had they known.

From the court documents:
The legal basis for their suit is what has been characterized as a “wrongful birth” claim; i.e., a claim asserted on behalf of a child's parents alleging that, if the health care professionals they relied on had performed competently, the child would not have been born , and the parents would therefore not have incurred the economic costs and personal trauma they have suffered and will continue to suffer in caring for the child's lifetime disabilities. Ohio courts have distinguished “wrongful birth” suits from two related types of pre-natal malpractice claims: 1) “wrongful life” suits, which are asserted on behalf of a disabled child claiming that negligent genetic testing or failed sterilization caused harm to the child by causing it to be born and to live with birth defects ; and 2) “wrongful pregnancy” cases in which parents seek damages from a physician whose negligence in performing a voluntary sterilization procedure resulted in the medical costs and other consequences of an unintended pregnancy and childbirth.
...
The Schirmers point to a 1993 decision, Flanagan v. Williams in which the 4th District Court of Appeals specifically recognized a couple's right to proceed to trial with a wrongful birth claim for both economic and non-economic damages...

They argue that the only outcome “proximately caused” by the faulty genetic test in this case was the birth rather than the abortion of Matthew Schirmer...

I really don't know what else to say right now.

1 comment:

Anonymous said...

I am fine with abortion in some cases and not fine with it in others. I've never liked the idea of genetic screening. Granted, this wouldn't be an issue if more people were allowed to die as they naturally should.

In quite a few cases, however, I am fine with post labor abortions. I think more people should just die. It would benefit us all in so many ways.